M/S Tapasya Engineering Works Pvt Ltd v. Shashi Bhushan Rai

550.CARBP.286.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO.286 OF 2025 M/S. Tapasya Engineering Works Pvt. Ltd.

....Petitioner

Versus

Shashi Bhushan Rai

...Respondent

Mr. Ashutosh Lohia a/w. Sharan Mehta, Kartik Dabas & Deepanshu i/b. Vidit Divya Kumat, Advocates for Petitioner. Mr. Dormaan Dalal a/w. Shashwati Diksha and Shreyas Deore i/b Ruchi Jay Kamdar, Advocates for Respondent. CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : APRIL 29, 2025 PC :

1.

Since the arbitration agreement invoked is the one contained in Clause 25 of the Business Transfer Agreement dated February 22, 2023 and it provides for the seat and venue of arbitration as Pune. This matter would not fall within the territorial jurisdiction of this Court. In these circumstances, Learned Counsel for the Petitioner seeks liberty to withdraw this Petition and take up such proceedings as advised. Liberty as prayed for is granted. This Petition is disposed of as withdrawn.

APRIL 29, 2025 Aarti Palkar

550.CARBP.286.2025.doc 2.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] APRIL 29, 2025 Aarti Palkar